2017 - 2018 REPORT CARD TABLE OF CONTENTS INTRODUCTION 2 METHODOLOGY 3 SUMMARIZED GRADES 4 DETAILED GRADES 6 INTRODUCTION ince taking office, Donald Trump has been hard at work have an abortion and even though Trump said he preferred Sremaking the federal courts in his own image. Our courts judges who would vote to get rid of Obamacare. are supposed to protect the rights of all Americans, but Trump is now stacking them with far-right partisans willing While Democrats are in the minority in the Senate, they to rubber-stamp his extreme agenda—from banning Muslims still get the chance to register their support or approval on from entering the country to gutting the Affordable Care Act. every one of Trump’s judges with the votes they take on the Senate floor. Furthermore, according to Senate tradition, the Federal judges are appointed for life. Long after Trump leaves two senators representing the home state of each judicial office, his takeover of the judiciary will keep his hateful vision nominee are given a special chance to express support or for America alive for decades to come. Trump has bragged approval upon nomination. This tradition is known as the that his takeover of our courts will be “country-changing,” “blue slip” – referring, literally, to a blue slip of paper that and his allies in Congress agree. Senate Republicans are home-state senators are asked to sign and return if they changing the way the Senate works to install Trump’s are willing to allow a nominee from their state to advance judges as quickly as possible ahead of the 2020 election. towards confirmation. An unreturned or negative blue slip is Mitch McConnell said his goal in advancing Trump’s judges a way to signal disapproval. Why would any Senate Democrat is to move America “right of center.” Even if a Democratic ever return a blue slip for one of Trump’s extreme judges, President and Democratic Senate are elected in 2020, any you ask? Good question. But it happened all too frequently progressive reforms they enact--from expanding voting in Trump’s first two years in office. The Senate voted on 14 rights to Medicare For All to a Green New Deal--will come Trump circuit court nominees represented by a Democratic under threat before a judicial branch that has been remade senator, and 11 received blue slips––including four who are by Trump. on Trump’s Supreme Court shortlist. But Trump and Senate Republicans aren’t carrying out this If we truly want to defeat Trump’s agenda, Democrats can’t hijacking of our courts on their own. Astoundingly, a majority surrender this fight. Senate Democrats ought to be opposing of Democratic senators have voted for at least 60% of Trump’s each and every judge that Trump nominates. These are not judges. Several Democrats have even voted for judges on ordinary times, and these are not ordinary nominees. A Trump’s Supreme Court shortlist, even though Trump told us recent Demand Justice study of Trump’s confirmed judges during his campaign for president that his shortlist would found that on average, Trump judges are 20% more extreme only include people who would roll back a woman’s right to ideologically than even George W. Bush judges. Democrats in Demand Justice 2017- 2018 Report Card | Page 2 the Senate have been too slow to recognize the crisis that is a senator was not present for the cloture vote, a senator’s underway and continue to support many of these nominees vote on the nominee’s confirmation is used instead. as if they are within the ideological mainstream. Democrats can no longer be complicit in the confirmation of Trump’s • Senators are further penalized for voting to advance judges: Trump’s most extreme and significant nominees––those to the Supreme Court (Neil Gorsuch and Brett Kavanaugh) • Under no circumstance should Democratic senators and those who appear on his shortlist of candidates to fill greenlight Trump’s takeover of the federal bench by potential Supreme Court vacancies (Amy Coney Barrett, returning “blue slips” for his nominees; Allison Eid, Britt Grant, Joan Larsen, David Stras, Amul Thapar, and Don Willett). Two Senators (Sens. Jones and • Democratic senators should not vote to advance or Tester) opposed Trump’s Supreme Court nominees while confirm nominees who are ready and willing to carry out representing states that Trump won by more than 20%, Trump’s agenda in our courts; and and they are rewarded for their votes. • Democratic senators must especially do everything • Senators are scored on their use of blue slips for circuit in their power to defeat nominees who are on Trump’s court nominees, which signal support for, or opposition to, Supreme Court shortlist. judicial nominees from a senator’s home state. Senators are penalized for returning a positive blue slip for a Trump This report card documents Senate Democrats’ response to circuit court nominee, signaling their support for the the far-right capture of our courts during Trump’s first two nominee and smoothing his/her pathway to confirmation years in office. Senators receive a letter grade that reflects (Mark Bennett; Stephanos Bibas; Joel Carson; Allison Eid; their willingness to fight Trump’s judges. Democrats who Joan Larsen; Michael Scudder, Jr.; Amy St. Eve; David don’t fight hard enough were graded accordingly. Stras; and Richard Sullivan). • Senators are further penalized for returning a positive blue for Trump’s most extreme and significant circuit METHODOLOGY court nominees––those who appear on his shortlist of candidates to fill potential Supreme Court vacancies emand Justice graded Democratic senators still serving (Allison Eid, Joan Larsen, David Stras). Din Congress based on their actions to support or oppose Trump’s takeover of our federal courts during his first two • Senators are scored on the 30 Trump district court years. This included measuring their Senate floor votes nominees who received roll-call votes. The vote scored on Trump’s Supreme Court, circuit court, and district court is the motion to invoke cloture (end debate) on each nominees and their use of blue slips for circuit court nominees nomination, but in cases where a nominee did not from their home states. receive a cloture vote, a senator’s vote on the nominee’s confirmation is used instead. Senators are penalized for • Senators are penalized for voting to advance Trump’s voting to advance at least 60% of these district court Supreme Court justices and circuit judges. In most cases, judges and further penalized for voting to advance at the vote scored is the motion to invoke cloture (end least 70%. Only one senator voted to advance fewer than debate) on each nomination, allowing it to proceed to a 40% of Trump’s district court judges (Sen. Mazie Hirono, final vote. Senators who vote to end debate are effectively 13%), and she was rewarded for her record on this point. aiding and abetting the GOP strategy to confirm Trump’s extreme judges as quickly and quietly as possible. In cases where a nominee did not receive a cloture vote or Page 3 GRADES Mazie Hirono, HI Elizabeth Warren, MA Cory Booker, NJ Ed Markey, MA Jeff Merkley, OR A A A- A- A- Bernie Sanders, VT Kirsten Gillibrand, NY Kamala Harris, CA Robert Menendez, NJ Patty Murray, WA A- B+ B+ B+ B+ Ron Wyden, OR Sherrod Brown, OH Maria Cantwell, WA Catherine Cortez Masto, NV Tina Smith, MN B+ B B B B* Richard Blumenthal, CT Tammy Duckworth, IL Chris Van Hollen, MD Brian Schatz, HI Tom Udall, NM B- B- B- C+ C+ Ben Cardin, MD Martin Heinrich, NM Jack Reed, RI Chuck Schumer, NY Jon Tester, MT C C C C C Demand Justice 2017- 2018 Report Card | Page 4 Sheldon Whitehouse, RI Tammy Baldwin, WI Bob Casey, PA Debbie Stabenow, MI Christopher Coons, DE C C- C- C- D+ Dianne Feinstein, CA Christopher Murphy, CT Gary Peters, MI Jeanne Shaheen, NH Dick Durbin, IL D+ D+ D+ D+ D Maggie Hassan, NH Doug Jones, AL Angus King, ME Tim Kaine, VA Patrick Leahy, VT D D* D D- D- Tom Carper, DE Amy Klobuchar, MN Mark Warner, VA Michael Bennet, CO Joe Manchin, WV F F F F F *Overall grade estimated from 2018 votes Page 5 Senator Grade Mazie Hirono, D—Hawaii • Voted to advance 4 of Trump’s 31 circuit nominees. RANK #2 (tie) among Senate Democrats. • Voted yes 13% of the time to advance Trump’s district court nominees with roll-call votes. RANK #1. A • Overall, voted yes 38% of the time to advance Trump’s judicial confirmations (including those confirmed by voice vote). RANK #1. • Returned a positive blue slip for Mark Bennett (Ninth Circuit). Elizabeth Warren, D—Massachusetts • Voted to advance 3 of Trump’s 31 circuit nominees. RANK #1 among Senate Democrats. • Voted yes 40% of the time to advance Trump’s district court nominees with roll-call votes. RANK #2 (tie). A • Overall, voted yes 46% of the time to advance Trump’s judicial confirmations (including those confirmed by voice vote). RANK #2. Cory Booker, D—New Jersey • Voted to advance 4 of Trump’s 31 circuit nominees. RANK #2 (tie) among Senate Democrats. • Voted yes 44% of the time to advance Trump’s district court nominees with roll-call votes. RANK #6. A- • Overall, voted yes 48% of the time to advance Trump’s judicial confirmations (including those confirmed by voice vote). RANK #6. Ed Markey, D—Massachusetts • Voted to advance 4 of Trump’s 31 circuit nominees. RANK #2 (tie) among Senate Democrats. • Voted yes 47% of the time to advance Trump’s district court nominees with roll-call votes.